Of the facts charged in the instant case, the charge of fraud against the victim C around April 2010 shall be acquitted.

On December 9, 2010, the Defendant was sentenced to a suspended sentence of six months of imprisonment for embezzlement at the Changwon District Court, which became final and conclusive on July 29, 201.

[2012 Highest 125] The Defendant, as an actual operator of the D Co., Ltd. in Kimhae-si, concluded a contract for the sales of scrap metal to transfer all of the scrap metal generated in the D Co., Ltd. G Co., Ltd. to E on July 3, 2008, and received 300 million won from E as an advance payment for scrap metal.

In light of the above circumstances, even if the Defendant entered into a contract with C on September 2008 and received the deposit of the scrap metal, the Defendant did not have the intent or ability to properly perform the supply of the scrap metal. The Defendant did not have enough real estate or assets to be commercialized due to the company’s operating expenses and wage payment during each month, and did not have the intent or ability to return the deposit of the scrap metal received from the victim after the completion of the transactions with the victim. Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to properly repay it

1. On September 1, 2008, the Defendant, at the office of the said D Co., Ltd., Ltd., the Defendant did not notify the victim of the conclusion of the contract for the termination of the scrap metal sales with F as above, and provided the victim with false statement to the effect that the Defendant would supply scrap metal generated from the said G Co., Ltd., and then received KRW 20 million from the victim immediately from the victim to the account in the name of H of representative director of the D Co., Ltd.

2. On September 4, 2008, the Defendant, at the office of the said D Co., Ltd., said D Co., Ltd., said D Co., Ltd., said D Co., Ltd., stating that “If the Defendant borrowed 10 million won as much as the amount, he/she would supply the scrap metal to the victim,” and was remitted from the victim to the account in the name of the said H on the same day.

[2012 Highest 444]

3. At around 13:00 on December 1, 2010, the Defendant: (a) at the office of the JJ Co., Ltd. in the operation of the Defendant Kimhae-si, the victim K processed products from the J Co., Ltd. in which the internal representative director is the representative director.